If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Legal Definitions - querela inofficiosi testamenti

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Definition of querela inofficiosi testamenti

Definition: Querela inofficiosi testamenti is a legal action in Roman law that allows a descendant, ascendant, or sibling who was unjustly disinherited or passed over by a parent's will to have the will set aside as undutifully made.

Example: If a father writes a will that disinherits his son without any valid reason, the son can file a querela inofficiosi testamenti to challenge the will and have it set aside. This legal action is only available to close relatives who have been unjustly disinherited or passed over by a parent's will.

This legal action was important in Roman law because it allowed close relatives to challenge a will that was made against natural duty and get it set aside, even if all the legal formalities were complied with.

I feel like I'm in a constant state of 'motion to compel' more sleep.

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Simple Definition

Querela inofficiosi testamenti: A legal action in Roman law that allows a family member who has been unfairly disinherited or left out of a parent's will to challenge the will and have it declared invalid. This action is based on the idea that a parent has a natural duty to provide for their children, and if they fail to do so, the will can be set aside.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Behind every great lawyer is an even greater paralegal who knows where everything is.

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